McKeown v. State

Appellant was charged by information with two alleged offenses; 1. with selling liquor on Sunday; and 2, with selling beer containing alcohol in excess of 3.2 per cent, in dry territory. He was convicted by instruction of the court on both charges, fined in the first and fined and ordered imprisoned in the second. The majority have affirmed on the first and reversed and remanded on the second because the court cannot instruct a verdict of guilty where the punishment involves imprisonment. I concur in the judgment of reversal, but go further and would hold that appellant should be discharged…